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ALABAMA STATE BARTHE DISCIPLINARY COMMISSIONTELEPHONE 334-269-1515P.O. BOX 671MONTGOMERY, AL 36101DELIVERY ADDRESS415 DEXTER AVENUEMONTGOMERY. AL 36104FAX ry CommissionSubject:Filing of Complaint Against A LawyerDue to limited storage we now scan all materials, which include complaints and attorneys'responses. Therefore, we ask that when you submit your complaint, please do not bind,staple, or insert tabbed dividers. If you want to identify exhibits, please mark them in thebottom corner or insert identifiable sheets before each exhibit. Three-ring binders are alsounnecessary. Also, if you wish to make note of an item on one of your exhibits please donot use a sticky note. Instead, write your remarks on a sheet of paper placed in front of thepage on which you are commenting.RULE 30 ALABAMA RULES OF DISCIPLINARY PROCEDURE OF THE ALABAMA STATE BAR, ADOPTED BY THE SUPREME COURT OF ALABAMA. PROVIDES THATALLDISCIPLINARY PROCEEDINGS SHALL REMAIN CONFIDENTIAL UNTIL A PLEA OF GUILTY OR THE DISCIPLINARY BOARD OR DISCIPLINARY COMMISSION MAKES AFINDING OF GUILT.

IMPORTANT!Read this brochure before completing the attached complaint form.Complaints Against Alabama LawyersT his brochure is for anyone who is considering filing a complaint against a lawyer with theA labama State Bar. It explains how and where to file a complaint against an A labama lawyer.T he Supreme C ourt of A labama, through the A labama State Bar, regulates lawyer conduct inthis state. Filing a complaint is a very serious matter.Filing a ComplaintA ll lawyers who practice law in A labama must be members of the A labama State Bar. T heA labama State Bar’s grievance system was established by the Supreme C ourt of A labama toenforce uniform standards of professional conduct for lawyers. Filing a complaint should nottake the place of communicating with your lawyer in an attempt to resolve differences. If yourproblem is the result of a misunderstanding or a breakdown in communication, the problemmay be solved by a candid talk with your lawyer. If you have made a sincere effort to resolveyour problem and still believe that the lawyer may have violated an ethics rule, file yourcomplaint. A complaint should not be made lightly or used to try to gain an advantage in yourtransactions with a lawyer. A lawyer who is accused of misconduct suffers whether or not he isfound to be at fault. M ore than a claim of misconduct is needed to justify discipline. It takesevidence—proof.How To File a ComplaintA fter you have completed reading this brochure, you must submit your complaint by usingthe enclosed C omplaint Form. A dditional pages may be attached. A ttach copies of anydocuments that support your allegations. Please do not send original documents. T he Bar willnot copy your documents and return them to you. T he complaint should be signed, in thepresence of, and notarized by a notary public. T he A labama State Bar does not charge you feesor costs for filing your complaint against an A labama lawyer.What Happens After You File a ComplaintA ll complaints filed with the A labama State Bar are reviewed by Bar counsel to determine if thecomplaint has sufficient merit to warrant a full investigation. In most cases, a copy of yourcomplaint is sent to the lawyer for a response. Once the lawyer’s response is received, yourcomplaint and his response will be reviewed again by Bar counsel to determine what furtheraction, if any, should be taken. Y ou will be sent written notification of the decision. If it isdetermined that there is insufficient evidence to merit a formal investigation, then you will benotified. H owever, if there is sufficient information to establish that an ethics violation possiblyoccurred, a formal investigation will be opened. Some investigations will be sent to local Bargrievance committees, and others will be investigated by the Bar.T he processing of most formal investigations at this stage can take anywhere from six toeighteen months, depending on the complexity of the situation. Y ou will be notified in w ritingabout the outcome of your complaint. Y ou may be contacted during the investigation. If ahearing is held before the D isciplinary Board, you may be required to attend and testify.

What the Complaint Process Cannot Do R ecover money damages; Set aside a criminal conviction; M ake the lawyer take action you wish him or her to take; Offer assistance with your pending legal matter or provide legal advice; Substitute for other civil or criminalremedies; R esolve disputed lawyer’s fees (see “ Fee D isputes” ); Punish the rude behavior of a lawyer; A ssist with complaints against sitting judges; A ddress allegations that lawyers acting as guardians ad litem have taken positions withwhich you disagree; or R esolve disputes over debts of a lawyer, such as a lawyer’s failure to pay a bill to you.N ot all allegations of misconduct amount to a violation of an ethics rule. A n honestdisagreement between a lawyer and client about the handling of a case is not misconduct. Amistake or error of judgment is not a cause for discipline.What Happens If It Is Determined That a Lawyer Violated an Ethics RuleIf the D isciplinary C ommission determines that the lawyer has violated an ethics rule, theymay impose discipline. T he lawyer is notified of the C ommission’s decision. T he lawyer isnormally given 14 days to: (1) accept the proposed discipline; (2) request reconsideration uponsubmitting additional evidence; or (3) demand formal charges and a hearing.How a Lawyer May Be DisciplinedProbation - T he lawyer will be monitored, may be required to report to a disciplinaryauthority, and his practice may be restricted during a specific period of time.Private reprimand - A written reprimand, signed by the President of the A labama State Bar issent to the lawyer and placed in the lawyer’s permanent file.Public reprimand - T here are two types. In both, the lawyer must appear before a publicmeeting of the Board of Bar C ommissioners, where the reprimand will be read to him by thePresident of the A labama State Bar. H owever, one type of public reprimand will be published inboth the local newspaper where the lawyer practices and T he A labama L awyer (a publicationthat is distributed to all members of the A labama State Bar). T he other type of public reprimandis published only in T he A labama L awyer. T hese reprimands are also placed in the law yer’spermanent file.Suspension - T he lawyer is suspended from practicing law for a specific amount of time,ranging from 45 days to five years. D epending on the length of suspension, lawyers may bereinstated to practice law without a hearing. In some cases a lawyer may not resume thepractice of law until reinstated after public notice and a hearing.D isbarment - T he lawyer is disbarred. A disbarment is for a period of five years. T he lawyermust petition the Bar for reinstatement in order to be allowed to resume the practice of law.Fee Disputes

Fee disputes are not handled by the A labama State Bar’s grievance system because feedisputes generally do not involve questions of ethics or professional conduct.Client Security FundsT he C lient Security Fund was established by the A labama State Bar to provide reimbursementto individuals who have lost money or property due to the dishonesty of an A labama lawyer.A ll claims are investigated by the C lient Security Fund C ommittee. R eimbursement is made atthe discretion of the C lient Security Fund C ommittee in appropriate cases. T here is no right toreimbursement and reimbursement is limited. T he Fund is a remedy of last resort for those whocannot obtain reimbursement from other sources. It you wish to make application to this fundplease contact the A labama State Bar for additional information.Who Will Know About Your Complaint and the Information Provided to the BarI n most instances, the law yer w ill be sent a copy of your complaint and copies of theinformation you provide. T he rules of the Supreme C ourt of A labama require that the A labamaState Bar treat all inquiries and complaints filed w ith the O ffice of G eneral C ounsel asconfidential, unless discipline has been imposed. H owever, during the course of theinvestigation, the investigator may need to contact w itnesses for additional information.Y ou, as the complainant, have absolute immunity from suit for filing your complaint.W itnesses who may be required to testify at a hearing also have immunity from suit resultingfrom their participation in the grievance process.Y our complaint will receive the A labama State Bar’s prompt attention and every attempt willbe made to resolve your complaint in a manner which is fair to both you and the lawyer.A labama State BarC enter for Professional R esponsibility415 D exter A venueM ontgomery, A L 36104334-269-1515www.alabar.orgSingle copies of this brochure and others are free upon request by contacting the A labama State Bar at theabove listed number or Web site.

COMPLAINT AGAINST A LAWYERReturn your completed form to:Alabama State BarDisciplinary CommissionP. O. Box 671Montgomery, AL 36101-0671NAME AND ADDRESS OF COMPLAINANTLast Name,NAME AND ADDRESS OF ATTORNEYAGAINST WHOM YOUR COMPLAINT ISMADEFirst NameLast Name,First NameAddressE-mail AddressName of Law Firm Where Attorney is EmployedCity, State, ZIP CodeAddressTelephone Number(s)City, State, ZIP CodeName & Relationship of Person Who Can Always ContactYouTelephone Number(s)Telephone Number(s)On what date did the alleged ethics violation occur?What was your fee arrangement with the attorney?COMPLAINT INSTRUCTIONS:1. If you have a complaint against more than one attorney, use a SEPARATE complaint form for eachattorney, with the details and relevant exhibits attached to each separate complaint. If you are filing morethan one complaint, do not combine your complaint details or your exhibits into one document, or make aspecific comment about a complaint filed against another attorney, or it will be returned to you. We will notaccept complaints against law firms.2. Send your complaint with an original notarized signature. We will not accept a copy of your signature.3. State specifically, on each individual complaint, what the attorney did or failed to do which you believeconstitutes unethical conduct, and when it occurred.4. Attach COPIES of any receipts, contracts, or other documents which are important to the complaint, to theback of each individual complaint. Keep your own original documents.5. Please, do not bind your complaint. Type or write your complaint legibly in ink so it can be copied.6. You may add more pages to this form if necessary.7. If you believe that drugs, alcohol or mental disability affected the lawyer’s representation, please state whatfacts support your belief.8. This matter is confidential at this stage of the proceedings, until the Disciplinary Commission or Board hasacted.